Opinions June 5, 2014

Related News and Opinion

The Indiana Tax Court released the following opinions after IL deadline Wednesday:Jaklin
Idris and Dariana Kamenova v. Marion County Assessor
49T10-1108-TA-49
Tax. Finds the Indiana Board of Tax Review did not err in upholding the 2006 assessment of Idris’ and Kamenova’s
condominium unit. Rejects their claims the board abused its discretion in finding that Kamenova failed to establish that their
property was entitled to an obsolescence adjustment, and in determining that the assessments of the three other units in their
building failed to show that their property was over-assessed; and that the board erred in upholding their assessment given
the assessor’s improper use of the “one unit multiple units” classification.

Thursday’s opinions
Indiana Supreme CourtVictor
Ponce v. State of Indiana
20S04-1308-PC-533
Post conviction. Reverses the denial of Ponce’s petition for post-conviction relief, which contended that the Spanish
translation of the rights he was waiving by entering the plea was so inaccurate his plea was not entered knowingly, intelligently
and voluntarily. In this case Ponce carried his initial burden of demonstrating that at the guilty plea hearing he was not
properly advised of the constitutional rights he was waiving by pleading guilty. And the state failed to show that the record
as a whole nonetheless demonstrated that Ponce understood his constitutional rights and waived them. Remands for further proceedings.

Indiana Court of AppealsLarry
D. Russell, Jr. v. State of Indiana
84A01-1312-CR-532
Criminal. Reverses sentence following guilty plea to five counts of Class C felony neglect of a dependent and two counts
of Class C felony criminal confinement. The plea agreement and sentence were based on the faulty premise that Russell’s
sentence must be limited to 10 years under I.C. 35-50-1-2(c). Remands for Russell to have the option to ratify and proceed
with the current plea agreement without the illegal sentencing limitation; if he does not exercise that option within 30 days
after this opinion has been certified, the plea agreement shall be vacated.